Delhi High Court - Orders
Safdar Hashmi Private Iti vs Directorate General Of Training & Anr on 10 December, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~2634 to 2639, 2667 to 2677 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13973/2021
SAFDAR HASHMI PRIVATE ITI ..... Petitioner
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2635.
+ W.P.(C) 13974/2021
NAV NALANDA PRIVATE ITI ..... Petitioner
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2636.
+ W.P.(C) 13975/2021
NALANDA CONVENT PRIVATE ITI ..... Petitioner
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2637.
+ W.P.(C) 13978/2021
KRISHNA PRIVATE ITI ..... Petitioner
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2638.
+ W.P.(C) 13985/2021
GARIB RATH PRIVATE ITI ..... Petitioner
versus
Signature Not Verified
Digitally Signed W.P.(C)13973/2021 and connected matters Page 1 of 11
By:SHITU NAGPAL
Signing Date:11.12.2021
23:58:40
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2639.
+ W.P.(C) 13986/2021
NALANDA ITC ..... Petitioner
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2667.
+ W.P.(C) 14142/2021
SHIRDI SAI GEETA PRIVATE ITI ..... Petitioner
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2668.
+ W.P.(C) 14143/2021
PINKI PRIVATE ITI ..... Petitioner
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2669.
+ W.P.(C) 14144/2021
MANORAMA ITC ..... Petitioner
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2670.
+ W.P.(C) 14145/2021
GITA PRIVATE ITI ..... Petitioner
versus
Signature Not Verified
Digitally Signed W.P.(C)13973/2021 and connected matters Page 2 of 11
By:SHITU NAGPAL
Signing Date:11.12.2021
23:58:40
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2671.
+ W.P.(C) 14146/2021
TECHNOCRATS PRIVATE ITI ..... Petitioner
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2672.
+ W.P.(C) 14147/2021
ROSE PRIVATE ITI ..... Petitioner
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2673.
+ W.P.(C) 14164/2021
BARDHAN PVT ITI & ANR. ..... Petitioners
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2674.
+ W.P.(C) 14165/2021
RAV PVT ITI ..... Petitioner
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2675.
+ W.P.(C) 14166/2021
SAVITRI PVT ITI & ANR. ..... Petitioners
Signature Not Verified
Digitally Signed W.P.(C)13973/2021 and connected matters Page 3 of 11
By:SHITU NAGPAL
Signing Date:11.12.2021
23:58:40
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2676.
+ W.P.(C) 14172/2021
ANARPUR PVT ITI & ANR. ..... Petitioners
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
2677.
+ W.P.(C) 14181/2021
PARSHURAM PVT ITI ..... Petitioner
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
Appearances:-
For Petitioners:-
Mr. Sanjay Sharawat, Advocate in item Nos. 2634 to 2639, 2667 to 2672.
Mr. Amitesh Kumar, Ms. Binisa Mohanty and Ms. Priti Kumari,
Advocates in item Nos. 2673 to 2677.
For Respondents:-
Mr. Farman Ali, SPC, with Mr. Athar Raza Farroqui and Mr. Krishan
Kumar, Advocates for R-1/Directorate General of Training (Mobile No.
7503446390).
Mr Abhinav Mukherji, Advocate and Ms. Bihu Sharma, Advocate
alongwith Mr. Suman Kumar, Asst Director and Nodal Officer, for R-
2/State Directorate, State of Bihar.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
Signature Not Verified
Digitally Signed W.P.(C)13973/2021 and connected matters Page 4 of 11
By:SHITU NAGPAL
Signing Date:11.12.2021
23:58:40
ORDER
% 10.12.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
CM APPL. 44670/2021 (for exemption) in W.P.(C) 14164/2021 CM APPL. 44674/2021 (for exemption) in W.P.(C) 14165/2021 CM APPL. 44685/2021 (for exemption) in W.P.(C) 14166/2021 CM APPL. 44696/2021 (for exemption) in W.P.(C) 14172/2021 CM APPL. 44712/2021 (for exemption) in W.P.(C) 14181/2021 Exemptions allowed, subject to all just exceptions. These applications stand disposed of.
W.P.(C) 14142/2021 & CM APPL. 44634/2021 (for directions) W.P.(C) 14143/2021 & CM APPL. 44635/2021(for directions) W.P.(C) 14144/2021 & CM APPL. 44636/2021(for directions) W.P.(C) 14145/2021 & CM APPL. 44637/2021(for directions) W.P.(C) 14146/2021 & CM APPL. 44638/2021(for directions) W.P.(C) 14147/2021 & CM APPL. 44639/2021(for directions) W.P.(C) 14164/2021 & CM APPL. 44694/2021(for directions) W.P.(C) 14165/2021 & CM APPL. 44673/2021(for directions) W.P.(C) 14166/2021 & CM APPL. 44684/2021(for directions) W.P.(C) 14172/2021 & CM APPL. 44697/2021(for directions) W.P.(C) 14181/2021 & CM APPL. 44711/2021(for directions)
1. Issue notice. Mr. Farman Ali, learned counsel, accepts notice on behalf of the respondent No.1- Directorate General of Training ["DGT"]. Ms. Bihu Sharma, learned counsel, accepts notice on behalf of the respondent-State Directorate, State of Bihar ["the State Directorate"], in Signature Not Verified Digitally Signed W.P.(C)13973/2021 and connected matters Page 5 of 11 By:SHITU NAGPAL Signing Date:11.12.2021 23:58:40 all these petitions.
2. The issue involved in these petitions is identical to the issues in petitions which were already pending, and are listed today. They are taken up for disposal with the consent of learned counsel for the parties. W.P.(C) 13973/2021 & CM APPL. 44083/2021(for directions) W.P.(C) 13974/2021 & CM APPL. 44084/2021(for directions) W.P.(C) 13975/2021 & CM APPL. 44085/2021(for directions) W.P.(C) 13978/2021 & CM APPL. 44091/2021(for directions) W.P.(C) 13985/2021 & CM APPL. 44119/2021(for directions) W.P.(C) 13986/2021 & CM APPL. 44123/2021(for directions) W.P.(C) 14142/2021 & CM APPL. 44634/2021 (for directions) W.P.(C) 14143/2021 & CM APPL. 44635/2021(for directions) W.P.(C) 14144/2021 & CM APPL. 44636/2021(for directions) W.P.(C) 14145/2021 & CM APPL. 44637/2021(for directions) W.P.(C) 14146/2021 & CM APPL. 44638/2021(for directions) W.P.(C) 14147/2021 & CM APPL. 44639/2021(for directions) W.P.(C) 14164/2021 & CM APPL. 44694/2021(for directions) W.P.(C) 14165/2021 & CM APPL. 44673/2021(for directions) W.P.(C) 14166/2021 & CM APPL. 44684/2021(for directions) W.P.(C) 14172/2021 & CM APPL. 44697/2021(for directions) W.P.(C) 14181/2021 & CM APPL. 44711/2021(for directions)
1. The petitioners are all Industrial Training Institutes located in the State of Bihar. The grievance with which they have approached this Court is that trainees who were admitted by them in the August, 2020 session are unable to take the first year examination, scheduled to be held from 13.12.2021, as their data has not been migrated to the NCVT-MIS portal Signature Not Verified Digitally Signed W.P.(C)13973/2021 and connected matters Page 6 of 11 By:SHITU NAGPAL Signing Date:11.12.2021 23:58:40 maintained by the DGT. For this reason, they are not able to download the hall tickets of the trainees.
2. It appears that this problem has arisen in respect of institutions in the State of Bihar due to certain difficulties faced by the State Directorate in verification of the data pertaining to the trainees. The State Directorate, by a communication dated 25.06.2021, brought these difficulties to the notice of the DGT and requested the DGT to permit the ITIs in the State of Bihar to upload their enrolment data directly on the NCVT-MIS portal.
3. The DGT considered the request and communicated the following directions, by a letter dated 23.07.2021:-
"1. ITI logins are created in NIMI portal (https://nimiprojects.in/itiadmission/) for the purpose. ITIs can upload the admitted Trainees data (admitted till 15.02.2021) in NIMI portal Latest by 31.07.2021.
2.SPIU will then verify the data and approve the data. Then the NIMI team will migrate the data to NCVT MIS portal.
3. To check the authenticity of admitted Trainees data and to avoid further complication/legal issues on change of name of Trainees, data correction it is the responsibility of SPIU concerned to verify the data submitted by ITI before data migration.
4. In case of any issues in uploading in NIMI portal, ITI can mail their complaints to [email protected] ."
Despite this, however, the matter was unfortunately not resolved.
4. The case of the petitioners is that they have duly uploaded the data on the NIMI portal, as contemplated by the aforesaid directions of the DGT. Printouts of the data uploaded have also been annexed to their respective writ petitions. However, in some of the cases where the verification exercise has been conducted, Ms. Sharma states that the data Signature Not Verified Digitally Signed W.P.(C)13973/2021 and connected matters Page 7 of 11 By:SHITU NAGPAL Signing Date:11.12.2021 23:58:40 was found to be discrepant and ITIs have not remedied the deficiencies despite notice. She submits that the data was also not supplied by the concerned institutions to the State Directorate in the required format.
5. Having regard to the large scale of difficulties faced by the trainees, Mr. Ali was requested to take instructions as to the modalities for resolution of the matter. He has taken instructions, and has handed over a note which has been sent to him by the DGT. The DGT notes that out of a total of 87,585 trainees in the State of Bihar, data has been uploaded for 81,543 trainees on the NCVT MIS portal and verification of 6042 trainees remains pending with the State Directorate. Having regard to the situation, the DGT has proposed as follows:-
"4. That, to avoid any irregularities/discrepancies in data uploaded by ITIs, there are number of processes involved in generating and downloading hall ticket.
The following processes of uploading data/trainee verification, required to be carried out, as it was followed by the SPIU/ITIs Concerned in the previous 05 Schedules. Further, there is already established processes for successful completion of Data uploading in NCVT MIS:
(i) The SIPU, State Directorate will verify the uploaded data by the ITIs in NIMI portal. (NIMI portal is provided as a platform for data Uploading, on their own request, as the State Bihar does not have its own portal).
(ii) NIMI on behalf of State Directorate, Bihar will Transfer the verified data uploaded by ITIs into NCVT MIS portal.
(iii) ITIs will carryout Trainee verification and Approval in NCVT MIS portal for further processes of Examination related processes.
5. It is also submitted that, in view of forthcoming examinations Scheduled from 13.12.2021, it Would not be practically possible to complete all the processes in NCVT Signature Not Verified Digitally Signed W.P.(C)13973/2021 and connected matters Page 8 of 11 By:SHITU NAGPAL Signing Date:11.12.2021 23:58:40 MIS within such short span of time.
6. After due consideration of all the above mentioned facts and circumstances and also keeping in view of the future of Trainees, the Competent Authority of DGT has decided to provide the Necessary data Upload/trainee Verification/ approval links in NIMI/NCVT MIS portal for this batch of left over trainees, in a Separate Extended Schedule, tentatively from 14.12.2021 for 15 days. The examinations for this batch of Trainees shall be conducted in separate Schedule. The Exam Schedule will be intimated at a later date."
6. Having heard Mr. Sanjay Sharawat and Mr. Amitesh Kumar, learned counsel for the petitioners, and Mr. Ali and Ms. Sharma, it appears to me that it is appropriate to accept the proposal of the DGT. The proposed modalities would enable the trainee data to be verified even at this stage, and their examinations can be held thereafter. This is warranted as it is not possible at this stage to carry out the required exercise by 13.12.2021, when the examinations are otherwise scheduled to start.
7. These writ petitions alongwith pending applications are, therefore, disposed of with the following directions:-
a. The State Directorate is directed to verify the data uploaded by the ITIs on the NIMI portal. As far as writ petitioners are concerned, the exercise of verification will be based on the data annexed with each of these writ petitions.
b. In view of Ms. Sharma's submission that the data in several cases has been found to be discrepant, the State Directorate is directed to communicate the discrepancies to the respective ITIs at their registered e-mail IDs and give them 48 hours to remedy the Signature Not Verified Digitally Signed W.P.(C)13973/2021 and connected matters Page 9 of 11 By:SHITU NAGPAL Signing Date:11.12.2021 23:58:40 deficiencies or discrepancies.
c. The exercise of verification will be completed between 14.12.2021, (when the DGT proposes to reopen the portal) and 29.12.2021, including the period of 48 hours for curing the deficiencies. d. It is made clear that pursuant to the exercise of verification carried out by the State Directorate, if the data of the concerned ITI is not correct or authenticated, the State Directorate is free to reject the data fully or partially. However, the decision of the State Directorate must be communicated to the concerned ITIs within the aforesaid period of 15 days.
e. As proposed by the DGT, the verified data will then be migrated from the NIMI portal to the NCVT MIS portal by the NIMI team. f. The DGT proposes to hold the examinations for the trainees who are unable to take the examinations in December, 2021 shortly after this process is completed. While no dates have been set out in instructions received by Mr. Ali, having regard to the fact that the examinations of these trainees has already been delayed by approximately six months in view of the COVID pandemic, the DGT is directed to schedule their examinations as expeditiously as possible and not later than 28.02.2022. It is hoped that the exercise will be completed much before that date.
g. As far as the schedule for the examination is concerned, Mr. Sharawat submits that the examinations from 13.12.2021 are practical examinations, which are conducted by the State Directorate. The theory examinations conducted by the DGT have not yet been scheduled. In the event the exercise of verification is Signature Not Verified Digitally Signed W.P.(C)13973/2021 and connected matters Page 10 of 11 By:SHITU NAGPAL Signing Date:11.12.2021 23:58:40 completed, the DGT may consider whether the theory examinations of all the trainees (including those who have taken the practical examinations in December, 2021 and those who are scheduled to take the practical examinations later) can be conducted together. In the event the examinations are to be conducted separately, the DGT will endeavour to complete the entire process by 28.02.2022, as stated hereinabove. h. Mr. Ali states that the decision of the DGT recorded herein will apply not just to the writ petitioners but to all ITIs in the State of Bihar. As far as the writ petitioners are concerned, the data uploaded by them on the NIMI portal is available in their respective writ petitions. As far as the other ITIs are concerned, the State Directorate will verify the data uploaded by them on the NIMI portal before the last date of 31.07.2022.
PRATEEK JALAN, J DECEMBER 10, 2021 „vp‟ Signature Not Verified Digitally Signed W.P.(C)13973/2021 and connected matters Page 11 of 11 By:SHITU NAGPAL Signing Date:11.12.2021 23:58:40